Civil Procedure Keyed to Friedenthalback
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In federal court, a current Hispanic employee of a corporation brought a purported class action on behalf of a class of Hispanics who, plaintiff claimed, had been victimized by discriminatory policies and practices of the defendant corporation, in both hiring and promotion. The potential class numbered several hundred, and – putting aside the question whether there might be conflicts among class members – both the plaintiff and his attorney gave every indication that they would adequately represent the described class. On his own behalf and on behalf of the class, plaintiff sought back pay, money damages, and injunctive relief prohibiting defendant from continuing its discriminatory ways and requiring affirmative steps to remedy past discrimination. Plaintiff moved the court to “certify” the plaintiff class.
In deciding whether the requirements of Rule 23(a) were satisfied, which of the following should most concern the court?CorrectIncorrect